In April, my stepdads parents were killed in an auto accident. The fault
was the driver of the semi, he was on company business. My stepdads sister
is working the lawsuit. She thinks they will get millions. We figured that
it would be more like the upper value of the truck company liability. They
were in their 80's, etc.

The final accident report was due on Oct 31. On October 29, my stepdad
suffered a medical catastrophe and will likely not survive.

Question: Would his estate still be due his share of that lawsuit. What if
she doesn't file it until after his death? Its not a question of greed on
our part, but fairness, and ensuring that my mom has some income/money.
We are wondering the sister might file and it be a solo claim for her only.

I'm not sure what she will do, and now is not the time to inquire, just want
to make sure my mom is protected.

TIA

You don't say what state you are in, but the following summary should
be reasonably accurate for most states.

1. When a person is in an accident, survives for some period of time,
and then dies, the personal representative of the estates (i.e, the
executor or administrator) can file or continue a "survival action"
for the medical expenses, loss of income, and pain and suffering that
the decedent suffered during his lifetime. The personal
representative basically continues the same action that the decedent
could have maintained if alive, and the proceeds of the action are
part of the decedent's estate, to be disposed of under the decedent's
will or, if there is no will, under the laws of intestacy.

2. When a person dies as a result of an accident, there is a
"wrongful death" action that can be brought for the benefit of the
decedent's family. This is a separate cause of action from a
"survival action," because it is for the economic losses of the
family, not the decedent. And who brings the action can vary from
state to state, but the usual procedure (I think) is for the personal
representative to bring the action for the family members, even though
the proceeds are not part of the decedent's estate, but pass directly
to the relevant family members. The interests of the family members
may be determined by the laws of intestacy, or by some other method
described by statute.


**Dan Evans
**I post information, not advice.